The Gender Equality Certification is a document that attests to the concrete policies and measures taken by employers to reduce the gender gap in relation to opportunities for growth in the company, equal pay for equal work, gender diversity management policies, and maternity protection.
This is a certification that is gaining great relevance among companies because it can attract the attention of stakeholders and allow access to calls and incentives.
Let’s find out together what will change for businesses as of July 1, 2023 as a result of changes to the new Public Contracts Code.
Procurement Code 2023: from the old to the new version
The new Procurement Code launched by the Meloni Government (Legislative Decree No. 36/2023) contains a specific reference to the promotion of gender equality in Article 108, which defines the “Criteria for the award of works, services and supply contracts.”
An article that has been the subject of discussion to the extent that it was amended by the Decree-Law of May 29, 2023 no.
57.
In fact, the Code of Public Contracts (Legislative Decree No. 50/2016) required contracting stations to indicate the rewarding score given to holders of gender parity certification in accordance with UNI PdR 125:2022, i.e., a certificate issued by an impartial third party.
In contrast, the new Code of Contracts Legislative Decree 36/2023 (in Article 108, paragraph 7) stipulates that contracting stations shall consider a “higher score to be given to companies that attest, including through self-certification, that they meet the requirements of Article 46-bis of Legislative Decree.
198/2006 “.
A change that leaves it up to the contracting stations to verify the reliability of both the self-certification and the requirements in place for certifying gender equality, and which has met with disapproval from several quarters.
Accredia, for example, the accreditation body designated by the Italian government, has officially stated that it considers self-certification incapable of providing the same guarantees as an attestation issued by an accredited third party.
Another substantial change, between the old and new versions of the Code, concerns the reduction of the incentives provided for companies wishing to acquire gender parity certification.
Indeed, the Procurement Code 50/2016 granted the economic operator a 30% reduction of the security deposit to participate in accreditation procedures (not cumulative with other reductions).
The new Code, on the other hand, reduces this percentage to 20 percent, however, making this facilitation cumulative with other reductions related to obtaining certifications or marks included in Annex II.13 of the Procurement Code.
Decree Law No. 57/2023: goodbye self-certification for gender equality
As of July 1, 2023, companies interested in winning bonus scores awarded by contracting stations-regarding gender parity certification-must deal with the recent amendment to Art.
108 of the new Procurement Code.
The latter was revised by the government, which chose to intervene through Art.
2 of Decree-Law 57/2023 published on May 29, 2023, eliminating both references to self-certification of gender parity certification and verification of reliability: ” In order to promote gender equality, contracting stations shall provide in contract notices, notices and invitations, the highest score to be given to companies for the adoption of policies aimed at achieving gender equality evidenced by the possession of gender equality certification referred to in Article 46 -bis of the Code of Equal Opportunities for Men and Women, referred to in Legislative Decree April 11, 2006, no.
198 .”
Self-certification drawn up and initialed by the company itself is no longer recognized; therefore, companies will only be able to prove possession of gender parity certification through verified attestations and merit the highest score attributable by the contracting station.
Gender equality certification: choose Tecno!
By certifying gender equality, your company-as well as contributing to the development of an inclusive and sustainable economy-will be able to access attractive tax breaks and achieve higher scores in public procurement rankings.
Our team is ready to support your company in defining a strategy aimed at eliminating gender gaps and an increasingly virtuous work climate.
All you have to do is leave your details in the contact form below and our counselors will contact you.
The first meeting is free of charge!
